2015 ORS § 163.467¹

Private indecency

(1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:

(a) The person is in a place where another person has a reasonable expectation of privacy;

(b) The person is in view of the other person;

(c) The exposure reasonably would be expected to alarm or annoy the other person; and

(d) The person knows that the other person did not consent to the exposure.

(2) Private indecency is a Class A misdemeanor.

(3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.

(4) For purposes of this section, place where another person has a reasonable expectation of privacy includes, but is not limited to, residences, yards of residences, working areas and offices. [1999 c.869 §2]

Notes of Decisions

Working area means open space within building, or sec­tion of building set aside for specific purpose, that is adequate to permit per­son to perform ac­tivity that requires per­son to exert strength or manipulate faculties or to engage in labor, task or duty that affords per­son their livelihood. State v. Miller, 242 Or App 572, 256 P3d 171 (2011)

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